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Santa Cruz County - DOC

VIEWS: 14 PAGES: 44

									                   Santa Cruz County
          Law Enforcement Representation Unit
               MEMORANDUM OF UNDERSTANDING
                  January 1, 2007 – December 31, 2009
                        TABLE OF CONTENTS
ARTICLE 1  MEMORANDUM OF UNDERSTANDING - INTRODUCTION
ARTICLE 2  RECOGNITION
ARTICLE 3  PEACEFUL PERFORMANCE OF COUNTY SERVICES
ARTICLE 4  COMPLIANCE WITH MEMORANDUM
ARTICLE 5  EQUAL EMPLOYMENT OPPORTUNITY
ARTICLE 6  SAFETY
ARTICLE 7  SHERIFF'S VEHICLES - SAFETY INSPECTION
ARTICLE 8  PRODUCTIVITY
ARTICLE 9  ROTATION AND REASSIGNMENT EXPECTED AND NORMAL
ARTICLE 10 EFFECTIVE DATE OF TRANSACTION
ARTICLE 11 SCHEDULED HOURS
ARTICLE 12 PAY
ARTICLE 13 RETIREMENT
ARTICLE 14 INSURANCES
     14.1     MEDICAL PLAN
     14.2     DENTAL PLAN
     14.3     LONG TERM DISABILITY
     14.4     LIFE INSURANCE
     14.5     WHO AND WHEN COVERED
     14.6     CONTINUATION OF INSURANCES DURING LEAVE OF
ABSENCE WITHOUT PAY
     14.7     RETIREE HEALTH
ARTICLE 15 OVERTIME
ARTICLE 16 ON CALL DUTY, CALL BACK PAY, COURT APPEARANCE PAY
     16.1     ON-CALL DUTY
     16.2     CALL BACK PAY
     16.3     COURT APPEARANCE PAY
ARTICLE 17 NOTICE ON CHANGES IN WORK SCHEDULE
ARTICLE 18 PAID LEAVE
     18.1     HOLIDAYS
     18.2     VACATION
     18.3     SICK LEAVE
     18.4     COURT LEAVE
     18.5     OTHER LEAVE
ARTICLE 19 LEAVE OF ABSENCE WITHOUT PAY
ARTICLE 20 ABSENCE WITHOUT LEAVE
ARTICLE 21 PREMIUM PAY
     21.1     PREMIUM PAY - GENERAL
     21.2     NIGHT SHIFT DIFFERENTIAL
     21.3     CAREER INCENTIVE
     21.4     DETECTIVE DIFFERENTIAL
     21.5     FIELD TRAINING OFFICER
     21.6     BILINGUAL PAY
     21.7     SR DEPUTY DIFFERENTIAL
ARTICLE 22 OTHER COMPENSATION PROVISIONS
     22.1     UNIFORM ALLOWANCE
     22.2     MEALS IN DETENTION FACILITIES
     22.3     EXCEPTIONAL TRAVEL
     22.4     BODY ARMOR
ARTICLE 23 UNION SECURITY
     23.1     RELATIONSHIP AFFIRMATION
     23.2     NOTICE OF RECOGNIZED UNION
     23.3     AGENCY SHOP
     23.4     EXCLUSIONS
     23.5     FINANCIAL REPORT
     23.6     VOTE TO RESCIND AGENCY SHOP PROVISION
     23.7     ENFORCEMENT/SEPARABILITY
     23.8     INDEMNIFY AND HOLD HARMLESS
     23.9     PAYROLL DEDUCTIONS AND PAYOVER
ARTICLE 24 GRIEVANCE PROCEDURE
ARTICLE 25 GRIEVANCE REPRESENTATIVES
ARTICLE 26 LAYOFF PROVISIONS
     26.1     DEFINITIONS
     26.2     PURPOSE OF LAYOFF PROVISION
     26.3     DECISION PROCESS
     26.4     SCOPE OF APPLICATION
     26.5     ORDER OF LAYOFF
     26.6     DISPLACEMENT (BUMPING) IN LIEU OF LAYOFF
     26.7     SENIORITY FOR PURPOSES OF LAYOFF AND DISPLACEMENT
     26.8     OPPORTUNITY FOR EMPLOYEE REVIEW
     26.9     RETENTION OF REEMPLOYMENT LIST STATUS
     26.10    PREFERENTIAL CONSIDERATION
     26.11    EMPLOYEES APPOINTED TO LIMITED-TERM POSITIONS
     26.12    OTHER MEANS OF ATTAINING PERMANENT STATUS FOR
PURPOSES OF SENIORITY
ARTICLE 27 OTHER PROVISIONS
ARTICLE 28 RE-OPENERS
ARTICLE 29 UNPAID DAYS OFF
ARTICLE 30 SEVERABILITY
---        Signatures


ARTICLE 1      MEMORANDUM OF UNDERSTANDING - INTRODUCTION
This is a Memorandum of Understanding between the Management negotiating Team
for the County of Santa Cruz and the Operating Engineers, Local 3 Negotiating Team.
Both parties agree that this Memorandum is a result of meeting and conferring in good
faith under the terms of State and County regulations. This Memorandum of
Understanding contains the complete results of negotiations between the County of
Santa Cruz and the Operating Engineers, Local 3 for County Employees in the Law
Enforcement Representation Unit for the period beginning January 1, 2007 through
December 31, 2009.
Unless otherwise specified herein, all provisions shall become effective following
adoption by the Board of Supervisors.


ARTICLE 2     RECOGNITION
The County of Santa Cruz recognizes the Operating Engineers, Local 3, (hereinafter
referred to as "Union") as the exclusive bargaining representative for all employees in
"permanent" (i.e., budgeted) positions within the Law Enforcement Representation Unit.


ARTICLE 3       PEACEFUL PERFORMANCE OF COUNTY SERVICES
The Union, its agents and employees it represents, agree that there shall be no strike,
work stoppage, or any other concerted interference with operations, or any picketing, or
any refusal to enter upon the County's premises or work site during the term of this
Memorandum of Understanding.
Any employee who participates in any of such prohibited activities shall be subject to
discharge or such lesser discipline as the County shall determine; provided, however,
that the employee shall have recourse to the Civil Service Commission as to the sole
question of whether he/she in fact participated in such prohibited activity.
If the Union, its staff or Board of Directors engage in, cause, instigate, encourage,
condone, or ratify any strike, work stoppage, concerted interference with operations,
picketing or refusal by employees to enter upon the County's premises or work site, the
County may immediately suspend or revoke the payroll deductions provided; however,
the Union shall have recourse to the Civil Service Commission as to the sole question of
whether the Union, or its staff or Board of Directors engaged in such prohibited activity.
The inclusion of this Article in the Memorandum of Understanding shall in no way be
deemed to preclude or stop the County or the Union from seeking any form of legal or
equitable relief to which it may be entitled during the term of the Memorandum of
Understanding or at any other time.


ARTICLE 4     COMPLIANCE WITH MEMORANDUM
In the event of any violation of the terms of this Memorandum, responsible and
authorized Representatives of the Union or the Employer, or any individual department
head as the case may be, shall promptly take such affirmative action as is within their
power to correct and terminate such violation for the purpose of bringing such persons
into compliance with the terms of this Memorandum. Individuals acting or conducting
themselves in violation of the terms of this Memorandum shall be subject to discipline,
up to and including discharge. The employer shall enforce the terms of this
Memorandum on the part of its supervisory personnel; the Union shall enforce the terms
of this Memorandum on the part of its members.


ARTICLE 5       EQUAL EMPLOYMENT OPPORTUNITY
The County and the Union agree that no person employed or applying for employment
shall be discriminated against on the basis of race, color, religion, disability, medical
condition (cancer related or genetic characteristics), national origin, ancestry, marital
status, sex, sexual orientation, creed, age (over 18), pregnancy, gender, veteran's
status, or any other non-merit factor except where sex or physical capability is
determined to be a bona fide occupational qualification after consideration of reasonable
accommodation factors in relation to the essential functions of the position. The parties
also agree to support efforts intended to achieve equal employment opportunity as
provided for in Federal, State and County requirements.


ARTICLE 6      SAFETY
It is the duty of the County to make reasonable efforts to provide and maintain a safe
place of employment. The Operating Engineers, Local 3, will cooperate in urging all
employees to perform their work in a safe manner. It is the duty of all employees to be
alert to unsafe practices, equipment, and conditions and to report any such unsafe
practices, equipment, or conditions to their immediate supervisor.
If such condition cannot be satisfactorily remedied by the immediate supervisor, the
employee may submit the matter in writing to the Departmental Safety Officer.
If the employee does not receive a response within a reasonable period of time, or finds
the response unsatisfactory, he/she may directly contact the County Safety Officer.
The Sheriff-Coroner shall designate a Departmental Safety Officer to receive, review and
make recommendations on all reported unsafe working conditions.
A failure by the County to follow the process specified above in this Article (6) is
grievable. Substantive matters are not grievable.


ARTICLE 7       SHERIFF'S VEHICLES - SAFETY INSPECTION
The Departmental Safety Officer shall be responsible for the safety inspection and field
testing of County maintained vehicles at 50,000 miles and every 15,000 miles thereafter.
Inadequate or unsafe running gear will be replaced or repaired. Vehicles that are unsafe
and cannot be restored to safe condition will be removed from service.
The Union's safety specialist may examine patrol and prisoner transportation vehicles
when three written reports of a specific safety hazard have not been corrected. The
Union's safety specialist may recommend improvements to eliminate the safety hazard
to the Director of General Services.


ARTICLE 8       PRODUCTIVITY
The parties to this agreement support the concept of high performance and high
productivity in order to provide a high level of service to the community at reasonable
cost. The parties agree to reasonably support changes initiated by Management which
are intended to increase the efficiency or effectiveness of County operations.


ARTICLE 9       ROTATION AND REASSIGNMENT EXPECTED AND NORMAL
It is understood and agreed that public safety officers covered by this Memorandum are
expected to rotate among shifts and are subject to periodic reassignment among
functions and geographic areas as a normal part of their work and that such changes are
not punitive even though employees may lose (or gain) eligibility for compensation items
(such as night shift differential or on-call pay) or benefit items (such as vacation accrual
or holidays) in accordance with the provisions of this Memorandum as a result of such
rotation or reassignment.


ARTICLE 10 EFFECTIVE DATE OF TRANSACTION
Personnel/payroll transactions not effective on the first day of a pay period shall have an
effective date of the first day of the next pay period, unless an exception is approved by
the Personnel Director and Auditor-Controller. Examples of such transactions include:
transfers, promotions, demotions. Step increases which would be effective the first week
of the pay period shall have an effective date of the first day of that pay period; step
increases which would be effective the second week of the pay period shall have an
effective date of the first day of the next pay period.
The following transactions are excluded from the provision of this article: leaves of
absence without pay, return from leave of absence without pay; displacement; work in a
higher class appointment; return from work in a higher class appointment.


ARTICLE 11     SCHEDULED HOURS

   A. General

       The authorized hours of a budgeted position constitute the normally scheduled
       hours of work for an employee in that position (e.g., 80 hours in a pay period are
       the normal schedule of work hours for an employee in a full-time position, and 40
       hours in a pay period are the normal schedule of work hours for an employee in a
       half-time position). However, "normal" work hours shall not be construed to mean
       a guarantee of hours of work. Scheduled hours of work for an employee may be
       less than those authorized for the position occupied by that employee because of
       decreased workload, weather, closure of facilities, and other short-term
       conditions.
       The scheduled hours of work of an employee may be reduced on a continuing
       basis: (1) by mutual agreement between the employee and department, with the
       approval of the County Administrative Office; or (2) by Board of Supervisors
       action in accordance with Article 26. If an employee's scheduled work hours are
       reduced on a continuing basis, the authorized hours of the position should be
       reduced accordingly to avoid a negative impact on the employee.

          1. Part-time Employees. Authorized hours worked by an employee in a
             budgeted, part-time position in excess of the scheduled hours of work of
             the position shall be compensated in cash at the employee's base hourly
             rate up to 80 hours in a two-week period. Such hours shall not be a factor
             or credit for purposes of step advancement, paid leave accrual or use,
             pay differentials, or seniority accrual. Such employees may, under
             authorization and eligibility requirements set forth for each leave type, use
             hours of paid leave up to the number of scheduled hours of work of the
             position in the pay period, except as provided in B, below, for employees
             on the 7 day/12 hour work schedule.
          2. When the combination of hours worked and of paid leave of an employee
             exceed 40 in a pay period, the employee shall receive "straight time
             overtime" in cash at the employee's base hourly rate for such excess
             hours; provided, however, that hours worked in excess of 40 shall be
             compensated at time and one-half in accordance with Article 15. Such
             employees may at the option of the department head, be granted
             compensatory time at the rate of one hour of compensatory time for each
             hour of straight time overtime" in lieu of compensation in cash. Such
             compensatory time shall be combined with and subject to the maximum
             accrual limit provided for in article 15, subsection D 2.


ARTICLE 12     PAY

   A. Basic Pay Plan
   The basic pay plan consists of the salary ranges and assignment of classes to
   such ranges provided for in the County salary resolution. Each employee shall be
   paid within the range for the class unless otherwise provided.

B. Salary Adjustments

   Effective March 10, 2007, the hourly rates for steps in salary ranges for all
   classes in this Unit shall increase by 2.5%, representing a cost of living increase.

   Effective pay period 1 in 2008, the hourly rates for steps in salary ranges for all
   classes in this Unit shall increase by 2.5% representing a cost of living increase.

   Effective pay period 1 in 2009, the hourly rates for steps in salary ranges for all
   classes in this Unit shall increase by 2.5% representing a cost of living increase.

C. Equity Adjustments

   The parties agree to the following equity adjustments:

   Effective March 10, 2007, equity adjustments of 2.0% will be applied to all
   classes in this Unit.

   Effective pay period 14 in 2008, equity adjustments of 2.0% will be applied to all
   classes in this Unit.

   Effective pay period 14 in 2009, equity adjustments of 2.0% will be applied to all
   classes in this Unit.



D. The County will allocate $800 per active employee on payroll as of March 10,
   2007, as a signing bonus for this Unit. Applicable taxes will be deducted.



E. Requirements For Step Increases

   Step advancements are predicated upon merit and length of service, and each
   part-time or full-time employee in a budgeted position may receive an increase at
   the completion of each number of hours of service, specified herein below, up to
   and including the maximum step in the employee's salary range as set forth in
   the salary resolution of the County.
   The steps of each salary range shall be interpreted and applied as follows:

      a. The first step in each schedule is the minimum rate and may be the hiring
         rate for the class.
      b. The second step may be paid at any time after 2080 hours of satisfactory
         or better service at the first step as evidenced by a meets job standards,
         exceeds job standards or outstanding overall employee performance
         rating and upon the recommendation of the appointing authority.
      c. The third step may be paid at any time after 2080 hours of satisfactory or
          better service at the second step as evidenced by a meets job standards,
          exceeds job standards or outstanding overall employee performance
          rating and upon recommendation of the appointing authority.
      d. The fourth step may be paid at any time after 2080 hours of satisfactory
          or better service at the third step, as evidenced by a meets job standards,
          exceeds job standards or outstanding overall employee performance
          rating and upon recommendation of the appointing authority.
      e. The fifth step may be paid at any time after 2080 hours of satisfactory or
          better service at the fourth step, as evidenced by a meets job standards,
          exceeds job standards or outstanding overall employee performance
          rating and upon recommendation of the appointing authority.
      f. The sixth step may be paid at any time after 2080 hours of satisfactory or
          better service at the fifth step as evidenced by a meets job standards,
          exceeds job standards, or outstanding overall employee performance
          rating and upon the recommendation of the appointing authority.
      g. The seventh step may be paid at any time after 2080 hours of satisfactory
          or better service at the sixth step as evidenced by a meets job standards,
          exceeds job standards or outstanding overall employee performance
          rating and upon the recommendation of the appointing authority.
F. Hours of Service for Purposes of Step Advancement
      a. Defined. Paid hours of work and paid leave hours accrued by an
          employee within the number of authorized hours for the position occupied
          by the employee shall constitute hours of service. Hours worked in
          excess of the number of hours authorized for the position, whether
          overtime or otherwise, shall not be included in hours of service.
          Exceptions. Military leave and time off due to an occupational injury with
          the County shall be considered hours of service for purposes of step
          advancement.
      b. Beginning Date. Hours of service for purposes of step increases accrue
          by class, beginning from the most recent date of appointment.
G. Step Placement and Step Advancement Upon Appointment to Equal Class.
      a. Definition. An equal class is one in which the fifth step hourly rate of the
          range for the new class is the same as for the current class.
      b. Step Placement. Upon appointment to an equal class, the employee shall
          retain the same step.
      c. Step Advancement. Upon appointment to an equal class, hours of service
          accrued in the former class for purposes of step advancement shall apply
          to the new class.
      d. Application. This provision shall apply to all appointments to an equal
          class, including: transfer, displacement to an equal class, provisional
          transfer, return from provisional transfer, lateral reclassification, and
          reappointment to a former class which has a fifth step hourly rate which is
          the same.
H. Step Placement and Step Advancement Upon Appointment to Higher Class.
      a. Definition. A higher class is one in which the fifth step hourly rate of the
          range for the new class is greater than the fifth step hourly rate of the
          range for the current class.
      b. Application. This provision shall apply to all types of appointment to a
          higher class, except a reappointment from displacement, and shall
          include: promotion including promotion through upward reclassification or
           through alternate staffing), appointment to a former higher class and a
           "work in a higher class" appointment.
        c. Step Placement. The salary of employees who are appointed to a higher
           class shall be adjusted to the step for the new class closest to but higher
           than their old salary, provided, however, that such increases shall be
           equivalent to an increase of at least 5% within the limits of the new salary
           range.
        d. Step Advancement. The beginning date for purposes of accrual of hours
           of service for step advancement shall be the most recent date of
           appointment to the higher class.
I.   Step Placement and Step Advancement Upon Appointment to Lower Class or
     Downward Reclassification.
        a. Definition. A lower class is one in which the fifth step hourly rate of the
           range for the new class is less than the fifth step hourly rate of the range
           for the current class.
        b. Appointment to a Lower Class Other than Downward Reclassification.
               i.  Application. The provisions of paragraphs (b) and (c) below shall
                   apply to all types of appointment to a lower class, except a Y-rate,
                   including: demotion, appointment to a former class, displacement
                   to a lower class, return from provisional promotion, and return
                   from work in a higher class.
              ii.  To class of previous service. If the employee had previously
                   served in the lower class to which appointed, such employee shall
                   have all time served in the higher class count as continuous
                   service in the lower class for purposes of step placement and
                   advancement.
             iii.  To class with NO previous service. Upon appointment to a lower
                   class, the employee's salary shall be adjusted to the same salary
                   range of the new salary range that he/she was receiving in the
                   salary range of the higher class and the employee shall receive
                   credit for hours of service accrued in the step in the higher class
                   for purposes of determining step advancement in the lower class.
        c. Downward Reclassification.
               i.  Overfill Status. When an occupied regular or limited term position
                   is reclassified downward, the probationary or permanent
                   incumbent may retain the salary of their former class by being
                   placed in an overfill status for a period not to exceed five years
                   from the effective date of reclassification. The provision of overfill
                   status is a protection device which is intended to reduce the
                   impact of downward reclassification upon compensation and class
                   seniority. While in and overfill status, the incumbent employee
                   shall be eligible for step advancement, general salary adjustments
                   and accrue seniority which would apply to the former class. All
                   other benefits and rights of employee representation which are
                   associated with the former class shall also apply to the incumbent
                   employee while in the overfill status.

                    Overfill provisions of the County shall be terminated at such time
                    as the equivalent step within the salary range for the new class
                    rises to meet or exceed the equivalent step in the salary range of
                    the former class. In such event, the reclassified employee's salary
                   shall be adjusted on an equivalent step basis (i.e., 2nd step to 2nd
                   step) within the salary range for the new class and no further
                   application of the overfill or Y-rate protection provisions shall
                   apply.
                   During the overfill period, the employee's name shall be certified
                   to vacant positions in the former class:

                      1. In the same department in order of seniority; and
                      2. Other departments.

                          An employee who is overfilling shall be demoted to the
                          new class upon:

                              a. Refusal of one offer of employment in the former
                                 class in the same department; or;
                              b. Refusal of three offers of employment in the former
                                 class in other departments; or;
                              c. At the termination of a five year overfill period,
                                 whichever of the foregoing occurs first.

                          Upon such demotion the employee shall be placed at the
                          step of the lower salary range which has the rate which is
                          closest to, but not less than, their salary in the overfill
                          class. In the event that the employees salary in the overfill
                          class is above the maximum salary rate for the lower class
                          the employee shall be Y-rated.

             ii.   Y-Rate. An employee who is placed on Y-rate shall retain their
                   current salary rate in the former class for a period of two years or
                   until any step within the salary range for the new class rises to
                   meet or exceed the frozen salary rate, whichever occurs first. The
                   frozen salary rate shall be designated as a Y-rate. All other
                   benefits and rights of employee representation which are
                   associated with the new class to which reclassified shall apply to
                   the incumbent employee while in the Y-rate status. Where the
                   salary rate for any step within the range for the new class rises to
                   meet or exceed the Y-rate salary, the employees salary shall be
                   adjusted to that step within the range which is closest to but not
                   less than the Y-rate salary. If at the expiration of the two year Y-
                   rate period the employee's salary rate is higher than the maximum
                   established for the lower class, the employee's salary rate shall be
                   adjusted to the maximum for the lower class.
J. Performance Evaluation for Step Advancement. Failure of an employee's
   supervisor to present the employee with a performance evaluation within 30
   calendar days of the due date, unless an extension is mutually agreed upon,
   shall result in a satisfactory evaluation of the employee as of the due date, and
   shall be considered to be a recommendation of step advancement effective on
   the due date by the appointing authority.
ARTICLE 13     RETIREMENT

   A. Employee P.E.R.S. Retirement Contributions

       Effective August 8, 1998, employees in this unit commenced paying the PERS
       employee contribution, and the County no longer paid the employee's PERS
       contribution. In consideration for this change, the parties agreed to a cost neutral
       one-time salary adjustment August 8, 1998, in lieu of the County paying the
       PERS employee contribution.

   B. The County provides the 3% at age 50 P.E.R.S. retirement plan for all local
      sheriff safety members of this representation unit. The County provides the 2% at
      age 55 P.E.R.S. retirement plan for all miscellaneous members of this
      representation unit, e.g. Sheriff Security Officer and Deputy Sheriff Trainee.
   C. The P.E.R.S. 1959 survivors benefit has been increased to the third level as
      provided in Government Code Section 21382.4.
   D. Implementation of IRC Section 414(h)(2)

       Effective August 8, 1998, pursuant to Section 414(h)(2), the County designated
       the amount that the employee is required to pay for PERS retirement benefits
       (9.0%) as being "picked-up" by the County and treated as employer contributions
       for tax purposes only. By having the County use this process, employees receive
       a form of deferred taxation in that taxes are paid on the funds at the time the
       retirement benefit is received rather than at the time the retirement contributions
       are made. Under current law, exercising the employer pick-up option pursuant to
       IRC Section 414(h)(2) results in no additional costs to the County. The parties
       agree that, in the event that the law changes such that costs are imposed on the
       County for exercising the employer pick-up option under IRC Section 414(h)(2),
       the County shall immediately cease designating the employee contributions as
       being "picked-up" by the County and such PERS contributions shall revert to
       being made on a post-tax basis.

   E. The County provides the single highest year option under the P.E.R.S. retirement
      plan for safety and non-safety members in this representation unit.


ARTICLE 14     INSURANCES

14.1   MEDICAL PLAN

Members of this representation unit have the option of enrolling in the PERS medical
program or the Operating Engineers Health & Welfare Trust Plan.

Effective pay period 7 in 2007, (for the coverage period beginning May 1, 2007), the
County’s monthly contribution towards medical premiums for active employees shall be
95 percent ($460.00) for employee only, 75 percent ($726.32) for employee plus one,
and 75 percent ($944.21) for employee plus two. Costs are based on the premium for
Blue Shield HMO.
Effective pay period 25 in 2007, (for the coverage period beginning January 1, 2008), the
County’s monthly contribution toward health care costs for active employees shall be as
follows:
            Employee only: 95% of the 2008 premium for Blue Shield HMO
            Employee + one dependent: 75% of the 2008 premium for Blue Shield HMO
            Employee + two or more dependents: 75% of the 2008 premium for Blue
            Shield HMO

Effective pay period 25 in 2008, (for the coverage period beginning January 1, 2009), the
County’s monthly contribution toward health care costs for active employees shall be as
follows:
            Employee only: 95% of the 2009 premium for Blue Shield HMO
            Employee + one dependent: 75% of the 2009 premium for Blue Shield HMO
            Employee + two or more dependents: 75% of the 2009 premium for Blue
            Shield HMO

   A. Contributions/Deductions
          1. Employees in this representation unit hereby authorize the County to
              make payroll deductions in the amount equivalent to the remainder of the
              premium required for the PERS medical plans or the Operating Engineers
              Health & Welfare Trust plan in which they and their dependents are
              enrolled.
          2. Employees hereby authorize the County to make a payroll deduction for
              the payment of the required PERS administrative fee based upon the plan
              selected by the employee.
          3. Should PERS require a contribution to the Public Employees’
              Contingency Reserve Fund, employees hereby authorize payroll
              deductions equivalent to any such contribution required by PERS.
   B. For those employees not enrolled in the Operating Engineers Health & Welfare
      Trust, the County agrees to make the County’s vision plan available and pay the
      premium for the employee only and to maintain the vision care benefit during the
      term of this agreement.

       Employees may elect to pay for vision coverage for eligible dependents through
       voluntary payroll deductions and will be responsible for any increases during the
       term of this agreement. The vision plan will permit the one-time enrollment of a
       dependent at any time through age five (5). All other dependents not enrolled in
       the vision plan when first eligible can only be enrolled in the vision plan during
       the open enrollment period. Any dependent who is enrolled under the vision plan
       must continue in such coverage for a minimum of one year, unless the employee
       separates from County service prior to the end of that year.

   C. The Operating Engineers Health & Welfare Trust Plan shall provide the County
      written notice in advance of premium rate increases and of any proposed
      changes to the current level of benefits. The County and Union agree that
      employees with proof of alternate medical insurance may opt out of the
      Operating Engineers Health & Welfare Trust plan.
   D. Indemnify, Hold Harmless and Defend.

       The Union and Association indemnifies and holds the County, its officers, and
       employees acting on behalf of the County, harmless and agrees to defend the
       County, its officers and employees acting on behalf of the County, against any
       and all claims, demands, suits and from liabilities of any nature which may arise
       out of or by reason of actions taken or not taken by the Union and Association,
       the Operating Engineers Health and Welfare Trust Fund, the Health and Welfare
       Trust Fund administrator, or by the County under the provisions of this Article
       (14.1), in administering the provisions of the Operating Engineers Health and
       Welfare Trust Fund, including but not limited to, eligibility, coverage, benefits,
       conversion provisions, continuation coverage, and exclusions, as well as any
       liability for any taxes or penalties resulting from any conflicts with or violations of
       Internal Revenue Codes.

   E. Survivor Coverage.

       Upon the death of an active employee who has dependents covered under a
       medical plan offered through the County, the County shall provide coverage
       under that plan five (5) months following the death of the employee for the
       surviving eligible dependents.

14.2 DENTAL PLAN
The County agrees to continue to pay the premium, and any increases, for eligible
employees and dependents for dental coverage during the term of this agreement. All
dependents enrolled in the dental plan must be enrolled in the same Dental Plan as the
employee.

14.3 LONG TERM DISABILITY
Employees may make voluntary payroll deductions for long term disability coverage
through PORAC.

14.4 LIFE INSURANCE
The County agrees to maintain and pay the premium for a Life Insurance plan for
employees in this unit. The Life Insurance plan will be for the employee only, and shall
be a $50,000 term policy with an AD&D provision.

14.5   WHO AND WHEN COVERED

   A. Employee Insurances
        1. Deductions: For an employee appointed to a budgeted position,
            employee payroll deductions for coverage begin the first day of the first
            full pay period of employment for the Operating Engineers Health Plan.
            Deductions for coverage in the PERS medical plan begin the first pay
            period of employment. Employee payroll deductions for coverage cease
            in the pay period in which the employee separates for any reason from a
            budgeted position.
        2. Coverage: Coverage begins the first day of the first full pay period after
            enrollment for the Operating Engineers medical plan, and dental, vision,
            and life insurance plans; coverage ceases at the end of the pay period in
            which the employee separates employment. Coverage under PERS
            medical plans begin the first day of the month following the date of hire.
            Coverage for PERS Health ceases the end of the month following the
            month of separation from employment.
   B. Dependent Insurances
         1. Deductions: Employee payroll deductions for eligible dependents for the
            Operating Engineers Health plan and vision plan, if applicable, begin the
            first day of the first full pay period after the enrollment of eligible
            dependents. Deductions for eligible dependents for the PERS medical
            plan begin the first pay period of employment. Employee payroll
            deductions for eligible dependents cease in the pay period in which: (1)
            the employee separates for any reason from a budgeted position; or (2)
            the dependent is no longer eligible.
         2. Coverage: Eligibility for dependents is determined under the applicable
            plan document for the medical plan, dental plan, and vision plan. In
            general, existing dependents must be enrolled at the same time as the
            employee—when the employee is appointed to a budgeted position. New
            dependents must be added to the medical plan, dental plan, and vision
            plan (if applicable), in accordance with the plan document for each of the
            insurance plans. Coverage begins the first day of the first full pay period
            after enrollment for the Operating Engineers Health plan, dental plan, and
            the vision plan; coverage ceases at the end of the pay period in which (1)
            the employee separates from a budgeted position, or (2) the dependent is
            no longer eligible. Coverage under PERS medical plans begins the first
            day of the month following the date of hire or enrollment; coverage
            generally ceases the end of the month following the month (1) the
            employee separates from employment or (2) the dependent is no longer
            eligible.

14.6   CONTINUATION OF INSURANCES DURING LEAVE OF ABSENCE WITHOUT
PAY

   A. As used herein (Article 14.6), payment "in advance" means the last working day
      of the pay period in which the payment is due. If the last day of the pay period is
      a holiday, payment must be received by the Employee Insurance/Benefit Section
      in the County Personnel Department by 5:00 p.m. on the day preceding the
      holiday.

       Employees granted leave of absence without pay of one full pay period or longer
       must notify the Employee Insurances/Benefits Division of the County Personnel
       Department and make arrangements for payment of insurances in advance.
       An employee who is on a leave of absence without pay must pay in advance for
       any insurance coverage during the leave of absence of one full pay period or
       longer. The only exception to advance payment is in the case of an emergency
       beyond the control of the employee and where payment shall be made at the
       earliest possible time after the leave commences.
       If the employee does not pay for insurance coverage during the leave of
       absence, he/she is treated like a new employee in terms of when coverage
       begins for each type of insurance. Should employees and/or their dependents
       not be covered during a leave of absence without pay, they will be treated as
       initial enrollees for dental insurance for purposes of qualification period and
       benefits, including deductions and co-payments, upon return of the employee to
       active employment.

   B. When an employee is on a leave of absence without pay for any reason, and is
      not receiving benefits through the Long Term Disability (LTD) Plan, coverage
      under employee insurance (e.g., health, life, dental, long-term disability) cease
      for the employee and any dependents the beginning of the first full pay period of
      leave of absence without pay, except as provided in 1 and 2, immediately below.
           1. Family Care or Medical Leave ("FMLA Leave"). The County shall, as
               required by Federal or State law, make the same contributions for
               employee insurances for eligible employees on an approved FMLA leave
               of absence without pay as if the employee were working or on paid leave.
               The employee shall be responsible for payment in advance of his/her
               portion of premium contributions for insurances during such leave of
               absence without pay. Failure by the employee to make required
               payments in advance shall result in the employee and any dependents
               losing coverage under employee insurances. Should the period of leave
               of absence without pay extend beyond the duration of the approved
               FMLA leave for which the employee is entitled, payment for continued
               employee insurance coverage shall be as specified elsewhere in this
               Section (14.6 ).
           2. Continuation of Employee Coverage While Receiving LTD Benefits (other
               than FMLA leave). The County's contribution towards employee's dental
               coverage, life insurance coverage and LTD coverage shall continue
               during the period a current employee receives benefits through the LTD
               plan, while on a leave of absence without pay. An employee may be
               required to pay for his/ her own coverage in advance and be reimbursed
               when confirmation is received that he/she is receiving LTD Benefits,
               provided that the employee contacts the Employee Insurance/Benefits
               Division to apply for LTD provided, should the employee not receive LTD
               benefits, the employee must repay to the County all contributions for
               insurances during the leave of absence without pay. The County shall
               have the right to recover its contributions towards the employee's
               coverage through attachment of wages, including payoff upon separation,
               civil action, or other actions.
   C. Liability of Employee for Ineligible Dependents. Employees shall be liable for
      payment for all services received by ineligible dependents and for any
      contributions made on the dependent's behalf by the County. It is the
      responsibility of each employee to notify the Employee Insurances/Benefits
      Division of the County Personnel Department upon any enrolled dependent(s)
      becoming ineligible.

14.7   RETIREE HEALTH

   Employees in this representation unit who retire through PERS, may enroll in a
   PERS medical plan or Operating Engineers Health & Welfare Trust Medical plan, as
   provided under the Public Employees’ Medical & Hospital Care Program and PERS
   regulations. It is understood and agreed that Public Employees’ Medical and Health
   Care Program statutes, regulations, and policies shall govern eligibility, application
for enrollment, coverage for employees and retirees and current and new
dependents, termination of coverage of enrollees, available plans, plan design, and
all other provisions related to medical plans offered by PERS. It is also understood
that County offered alternate medical plans, including Operating Engineers Health &
Welfare Trust plan, must also comply with PERS rules and regulations.

A. Operating Engineers Health & Welfare Trust.
      1. For the coverage period beginning January 1, 2007, January 1, 2008, and
          January 1, 2009, the County shall continue to contribute to the Operating
          Engineers Health & Welfare Trust for employees who retire from County
          Service from this representation unit and who choose (one time
          irrevocable choice) to participate in the Operating Engineer Health &
          Welfare Trust Plan upon separation from County Service, provided all of
          the following conditions are met:
              a. The employee files an application for monthly retirement benefits
                   through PERS at the time of separation; and
              b. The employee is at least 50 years of age at the time of separation;
                   and
              c. The employee must have completed at least 20,800 continuous
                   hours of regular service with the County at the time of separation.
                   (Reappointment following layoff shall not constitute a break in
                   continuous service.)
      2. This provision shall terminate should any of the following conditions be
          met:
              a. Upon death of the retired employee; or
              b. Upon eligibility of the retired employee for Medicare; or
              c. Upon employment with another employer with whom the retired
                   employee is eligible for health coverage.

       3. The County’s contributions towards Operating Engineers Health &
          Welfare Trust shall be the same amounts as specified herein in Section B
          below for the coverage years 2007, 2008 & 2009.



B. PERS Medical Plan.

       Effective for medical coverage beginning January 1, 2007, the County’s
       monthly contribution towards retiree medical shall be increased by the 5%
       statutory amount required by CalPERS as follows: $365.21 for employee
       only, $376.91 for employee + one dependent, $386.49 for employee + two
       dependents.

       Effective January 1, 2008 & January 1, 2009 the County’s contribution
       towards retiree medical shall be increased by the 5% statutory amount
       required by CalPERS.

C. Retirees or their survivors shall promptly notify the Operating Engineers, or
   PERS Health, and the County of conditions which terminate eligibility.
  D. The Operating Engineer Health & Welfare Trust shall bill the County monthly,
     and shall remit any monies collected for ineligible persons.
  E. Retired employees and/or their dependents who elect health coverage under
     COBRA or its amendments shall not be eligible for coverage in the Operating
     Engineers sponsored health plan under the provisions of this Section (14.7).


ARTICLE 15   OVERTIME

  A. Definitions. For purposes of this section, the following terms are defined:
        1. "Holiday" means those days specified by resolution of the Board of
             Supervisors to be County Holidays.
        2. "Overtime" means authorized time worked in excess of 40 hours in a one-
             week work period.
        3. "One Week Work Period" means a seven consecutive day period,
             commencing Friday at midnight (12:01 a.m.) on Saturday and ending the
             first Friday thereafter at midnight (12:00 a.m.).
  B. Authorization. Provided that budgetary limits are not exceeded, department
     heads may authorize overtime for employees within their department when the
     workload in the department dictates the need.
        1. Emergencies. In cases of emergency (County Code 2.26.020), budgetary
             limits may be exceeded but department heads shall report the action to
             the County Administrative Officer on the first regular work day following
             the performance of the overtime worked.
        2. Advance Approval Required. Employees cannot work overtime without
             the advance approval of department heads or their designated agents.
        3. Time Off At Convenience of Department. Time off in lieu of overtime pay
             shall be granted at the convenience of the department head.
        4. Eligibility. All employees are eligible for overtime pay.
  C. Computation.
        1. Hours Not Included. Unless specifically provided otherwise in this article,
             paid time off from work for any purpose shall not count as time worked for
             purposes of overtime, including but not limited to: sick leave; vacation;
             court leave; any balance of compensatory time; paid leave for
             participation in County examination or selection interviews or for purposes
             of donating blood; and mandatory leave with pay.
        2. Holidays.
                  a. When a holiday falls on an employee's regular work day, the hours
                      of holiday leave shall be counted as time worked for purposes of
                      computing overtime whether the holiday is worked or not, and
                      hours worked on a holiday shall be counted as time worked for the
                      purposes of computing overtime.

                    A court appearance as defined by Article 16.3 shall not constitute
                    work on a holiday.

             b. Holidays which occur on a day other than on an employee's
                 regularly scheduled work day shall not be counted as time worked
                 for purposes of computing overtime.
  D. Compensation for Overtime - Law Enforcement Unit Employees.
          1. Employees in this unit shall be on a "one week work period" for purposes
             of overtime, and shall receive payment in cash for all overtime worked in
             the amount of one and one-half (1-1/2) times the employee's hourly salary
             rate. Such employees may also, at the option of the department head, be
             credited with compensatory time earned at the rate of one and one-half
             hours of compensatory time for each hour worked over 40 in a one-week
             work period in lieu of compensation in cash, except for the following:

              Any authorized overtime worked beyond twenty-seven (27) hours shall be
              compensated in cash at one and one-half time the employee's regular
              hourly rate. (Twenty-seven hours of overtime work will result in a
              compensatory time off balance of 40.5. hours.)

          2. It is understood that the FLSA "regular rate" will apply for hours worked
             beyond 43 in a one-week work period.


ARTICLE 16     ON CALL DUTY, CALL BACK PAY, COURT APPEARANCE PAY

16.1   ON-CALL DUTY

   A. Defined. On-call duty is defined as the requirement by the County for an
      employee to leave a phone number where the employee can be reached during
      off- duty hours, or carry a pager during off duty hours, and the employee must be
      able to report to a specified job site within a one hour period. To be assigned on-
      call duty, an employee must be on a written on-call department schedule that has
      been approved by the County Administrative Officer.
   B. County Administrative Officer Approval. No employee may be compensated for
      on-call duty until approved by the County Administrative Officer. Review by the
      County Administrative Officer shall include a determination of the need for the
      use of on-call, and a determination that the on-call situation is to be utilized to the
      advantage of the County.
   C. Time Worked.
           1. Time spent in answering phone calls or responding to calls by phone is
              considered actual hours worked which counts towards overtime.
           2. An employee who is called back to duty shall be considered on-call until
              he/she reaches the job site unless engaged in productive work. Travel
              time to the job site shall not be considered time worked unless productive
              work (e.g., use of a car or portable radio to determine status of case,
              assign staff, call out equipment) is done.
           3. Time worked shall be deducted from the prescribed on-call shift to
              determine the appropriate on-call pay.
   D. Compensation. An employee assigned on-call duty shall be compensated at a
      rate of $2.25 per hour for a period when assigned to be on-call.

16.2   CALL BACK PAY

   A. Defined. Employees who are ordered to return to their work site or another
      specified work site by the Department Head or a designated representative
       following the termination of their normal work shift shall be considered to be on
       call- back unless otherwise provided in this Article (16).

       Responses to phone calls or performing work at home shall not be considered
       call-back duty. Time spent in these tasks shall be considered actual hours
       worked.
       Travel time to and from the work site shall not be considered time worked, unless
       the employee engages in productive work en route to the job site.

   B. Compensation. Employees who are called back shall be compensated for the
      actual time worked with a minimum of two (2) hours of overtime compensation
      being allowed for all periods less than two (2) hours. Overtime call back
      compensation shall be administered consistent with the provisions of Article 15.

16.3 COURT APPEARANCE PAY
Employees who are required to return to work to appear in court at a time other than
their regular shifts shall receive the pay rate of one and one-half (1-1/2) times their base
rate of pay with a minimum of four hours, except as follows:

   A. No more than one four-hour minimum shall be paid for any one day.
   B. No compensation shall be granted for the period the court is in lunch recess
      unless the lunch break falls within the four (4) hour minimum.
   C. When a court appearance occurs less than four hours from the beginning of a
      shift, the employee shall receive court appearance pay at time and one-half
      his/her base rate until his/her shift begins.
   D. This four-hour minimum shall not apply when court time worked by an employee
      occurs at the end of the employee's regular working hours. However, all court
      appearance hours worked shall be paid at time and one-half the base rate.
   E. No employee shall be compensated for court pay and court leave
      simultaneously.
   F. All court time worked shall count as time worked for the purposes of calculating
      overtime.
   G. Employees will distinguish on their time cards between hours actually worked
      during the court appearance minimum (i.e., 26 R "Court pay") and time not
      worked during the minimum (i.e., 26 G "court pay not worked").
   H. Travel time to and from the site of the court appearance shall not be considered
      time worked.


ARTICLE 17 NOTICE ON CHANGES IN WORK SCHEDULE
In so far as practical, a minimum of two (2) calendar weeks advance notice shall be
given to employees in the Law Enforcement Unit for changes in work assignment which
affect:

   a. Regular scheduled working hours;
   b. Normal location for reporting to duty;
   c. Uniformed or non-uniformed status of employees.
Nothing herein shall limit the authority of management in making assignments to
different or additional locations, shifts or work duties for the purpose of meeting
emergencies or critical staffing needs.


ARTICLE 18    PAID LEAVE

18.1   HOLIDAYS

   A. 5 Day/8 Hour Schedule: Employees on the 5 day/8 hour schedule shall receive
      the holidays listed below.
          1. January 1, "New Year's Day"
          2. The third Monday in January, known as "Martin Luther King Day"
          3. The third Monday in February, known as "President's Day"
          4. March 31, known as "Cesar Chavez Day"
          5. The last Monday in May, known as "Memorial Day"
          6. July 4, "Independence Day"
          7. The first Monday in September, known as "Labor Day"
          8. The second Monday in October, known as "Columbus Day"
          9. November 11, known as "Veterans Day"
          10. The Thursday in November appointed as "Thanksgiving Day"
          11. The last Friday in November, the day after "Thanksgiving Day"
          12. Half day on Dec 24, known as "Christmas Eve"
          13. December 25, " Christmas Day"

       If January 1, March 31, July 4, November 11, or December 25 fall upon a
       Sunday, the Monday following is a Santa Cruz County holiday, and if any of said
       dates fall upon a Saturday, the preceding Friday is a Santa Cruz County holiday.
       Should December 25 fall on a Saturday, the preceding Friday is a Santa Cruz
       County holiday and the half-day on December 24 will be treated as a County
       holiday for a half-day on the preceding Thursday. Should December 25 fall on a
       Sunday or Monday, the half-day on December 24 will be treated as a Santa Cruz
       County holiday for a half-day on the preceding Friday.
       Statewide and local election days shall be regular County work days.

   B. General Provisions
         1. Abnormal Work Schedule. Employees whose weekly work schedule is
            different from a normal (i.e., eight hours a day, five days as week) work
            schedule shall be granted the same number of hours off from their work
            as employees on a normal work schedule are granted because of
            holidays. This section does not apply to employees on a 4/10 schedule,
            see B.4 for those employees.
         2. During Paid Leave. A holiday falling within a period of leave with pay shall
            not constitute a day of paid leave.
         3. Qualifications for Pay. In order to qualify for holiday compensation, the
            employee is required to work or be in a paid status (e.g., vacation, sick
            leave) on his/her last scheduled work day prior to the holiday and his/her
            first scheduled work day following the holiday.
         4. Law Enforcement Representation Unit - 4/10 Schedule. Sheriff's
            Department employees in the Law Enforcement Representation Unit shall
            receive one 10 hour day off per month (i.e., 12 days per year) in lieu of
              the prescribed holidays, and are excluded from the provisions of Part A of
              this section (Holidays).



   C. Holiday Compensation - Part-Time Employees. Employees working in budgeted
      part-time positions that require between 20 and 39 hours of work per week shall
      receive holiday benefits as follows:
          1. Holiday compensation shall be provided only for hours which are
              proportionate to those budgeted for the part-time employee's position
              (e.g., an employee working in a 20-hour-a-week or half-time position
              would receive four (4) hours of holiday compensation for a holiday
              occurring during the work week).
          2. Holidays that occur on a day other than the part-time employee's regularly
              scheduled work day shall be compensated either by salary at straight
              time or allowing the part-time employee to take time off in the same pay
              period for the hours which are proportionate to the part-time position.
          3. In order to qualify for holiday compensation, the part-time employee is
              required to work or be in a paid status (i.e., vacation, sick leave, etc.)
              his/her last scheduled work day prior to the holiday and his/her first
              scheduled work day following the holiday.

18.2   VACATION

   A. Eligibility. Vacation benefits shall be provided in accordance with the following.
          1. Full-Time Employees. Each employee in a full-time position shall be
                entitled to receive a vacation after completion of 2080 hours of service
                from date of original appointment to a budgeted position.

              No vacation shall accrue or be available to the employee prior to the
              completion of the required 2080 hours.

          2. Part-Time Employees. Each employee in a part-time position shall be
             eligible to receive vacation after completing hours of service equivalent to
             one year, provided, however, that the one-year of service shall be
             determined by multiplying the authorized weekly number of hours for the
             position by 52.

              No vacation shall accrue or be available to the employee prior to
              completion of the required hours of service equivalent to one year.

          3. Extra-Help Employees. Extra-help employees shall not earn vacation
             leave.
          4. Provisional Employees on Original Appointment. If a provisional
             employee is given a probationary appointment without a break in service,
             the employee shall be granted credit for hours of service as a provisional
             employee for purposes of earning vacation credit.
          5. Employees Reappointed from Layoff. Employees who are laid off and
             then reappointed within a period of 24 months of layoff shall receive credit
          for hours of service accrued prior to layoff for purposes of determining
          eligibility for vacation leave.
      6. Reinstated Employees. Employees granted reinstatement within a period
          of two years following resignation shall receive credit for hours of service
          prior to resignation for purposes of determining eligibility for vacation
          leave.
B. Vacation Allowance.
      1. Newly Appointed Law Enforcement Representation Unit Employees on
          the 5 Day/8 Hour Work Schedule.
              a. Eligible full-time employees newly appointed shall be credited with
                    112 hours of vacation upon completion of 2080 hours of service.
              b. Eligible part-time employees newly appointed shall be credited
                    with vacation on a prorated basis proportionate to the authorized
                    hours of their positions upon completion of the required hours of
                    service under subsection A 2 of this section.
              c. Thereafter each eligible part-time and full-time employee shall
                    accumulate vacation leave for each subsequent completed hour of
                    service as follows:

                        2,080 - 10,400 hours of service (approximately 1 thru 5
                        years); .0538 hours per hour of service (approximately 112
                        hours per year of full-time service).
                        10,401 - 20,800 hours of service (approximately 6 thru 10
                        years); .0731 hours per hour of service (approximately 152
                        hours per year of full-time service).
                        20,801 - 31,200 hours of service (approximately 11 thru
                        15years); .0923 hours per hour of service (approximately
                        192 hours per year of full-time service).
                        31,201 hours of service and over (approximately 16 years
                        and over); .1115 hours per hour of service (approximately
                        232 hours per year of full-time service).

       2. Newly Appointed Employees in the Law Enforcement Unit on the 4
          Day/10 Hour Work Schedule.
             a. Each eligible full-time employee newly appointed shall be credited
                with 86 hours vacation upon completion of 2080 hours of service.
             b. Eligible part-time employees newly appointed shall be credited
                with vacation on a prorated basis proportionate to the authorized
                hours of their positions upon completion of the required hours of
                service under subsection A 2 of this section.
             c. Thereafter, each eligible part-time and full-time employee shall
                accumulate vacation leave for each subsequent completed hour of
                service as follows:

                        2080 - 10,400 hours of service (approximately 1 thru 5
                        years); .0452 hours per hour of service (approximately 86
                        hours per year of full-time service).
                        10,401 - 20,800 hours of service (approximately 6 thru 10
                        years); .0644 hours per hour of service (approximately 126
                        hours per year of full-time service).
                        20,801 - 31,200 hours of service (approximately 11 thru 15
                        years); .0837 hours per hour of service (approximately 166
                        hours per year of full-time service).
                        31,201 hours of service and over (approximately 16 years
                        and over); .1029 hours per hour of service (approximately
                        206 hours per year of full-time service).

       3. Employees Moving from One Vacation Schedule to Another. Current
          employees who move from one vacation schedule to another shall retain
          their accumulated vacation credits and accrue vacation leave at the
          appropriate rate under the new schedule.

           Should such employee's accrued vacation credits exceed the maximum
           accrual under the new schedule, the excess hours shall be credited
           toward sick leave to the maximum allowable.

      4. Employees Reappointed from Layoff (within 24 months).
               a. The original appointment date and hours of service completed
                   during prior employment with the County by reappointed
                   employees shall determine the vacation accrual rate.
               b. Employees who were not eligible for vacation payoff at the time of
                   layoff shall, upon reappointment, be credited with all unused
                   vacation leave accrued at the date of layoff.
               c. Payoff of unused vacation leave at the time of layoff eliminates all
                   earned vacation to employees.
      5. Reinstated Employees. Reinstated employees are treated as new
           employees for purposes of vacation accrual. Such employees do not
           receive credit for any vacation leave earned prior to their resignation.
C. Limitations On Use.
      1. At Convenience of Department. Vacation shall be taken at times
           designated by the various department heads.
      2. Maximum Accrual. No employee shall be allowed to accrue more than
           two times the annual vacation accrual rate indicated for their length of
           service on the 5 day/8 hour vacation accrual schedule.
      3. Increments. Department heads may allow employees to take vacation
           time off in increments as small as .01 hours.
      4. No Loss of Credits. No Department head shall cause an employee to lose
           earned credits.
      5. No Duplication with Worker's Compensation. Accrued vacation may be
           prorated to add to Worker's Compensation temporary disability benefits in
           order to provide a compensation level equal to the employee's normal
           pay.
      6. Vacation Loss Protection. To the extent that a department is unable to
           schedule vacation time off for an employee in this unit, the vacation time
           of such which would otherwise be lost due to being in excess of the
           maximum accrual rates shall instead be compensated in cash.

           On and after October 9, 1993, employees shall no longer be eligible for
           compensation in cash for vacation in excess of the maximum accrual rate
              except when so specified in an emergency declared by the County
              Administrative Officer.

   D. Special Mandatory Overtime Provision

       During standard operating periods where the Sheriff has declared that mandatory
       overtime is in effect, all employees shall request vacation leave in increments of
       ten hours and representing sufficient time off to avoid reaching the vacation
       accrual cap, at least thirty (30) calendar days in advance. Employees, who are
       within forty (40) hours of reaching maximum accruals, shall receive priority for
       time off in the amount that would be necessary to allow for vacation to continue
       to accrue rather than reaching the maximum vacation cap.

       Management shall make reasonable efforts to accommodate requests submitted.
       Management may also require the employee to take leave at a time acceptable
       to the Department. If an employee who is approaching the maximum vacation
       accrual and whose vacation request is sufficient to avoid reaching the maximum
       vacation accrual cap and has been denied by management, the employee shall
       receive compensation based on straight time for the hours accrued above the
       cap, not to exceed twenty (20) hours per one calendar year. This provision shall
       only apply during periods where the Sheriff has declared that mandatory
       overtime is in effect. Employees shall also have the responsibility to request
       vacation and take sufficient vacation leave to reduce their accrued vacation leave
       balances to levels which will permit further vacation accrual. Periods of civil
       disorder, natural disaster, and terrorist induced or accidental disaster, state and
       federally declared disasters, which invoke the provisions of the Sheriff’s Office,
       recall policy 0.76, shall exempt the County from this provision.

   E. Vacation Payoff Upon Separation. Full-time and part-time employee who are
      eligible for vacation under subsection A of this section shall be paid the monetary
      value of any earned vacation to their credit at the time they separate from the
      County service. Payoff of unused vacation upon separation eliminates all earned
      vacation accrued to employees.

18.3   SICK LEAVE

   A. Eligibility. Sick leave benefits shall only be provided to those employees in
      budgeted positions in classes assigned to the Law Enforcement Representation
      Unit. Sick leave benefits shall be provided in accordance with the following.
          1. Full-time Employees. Each employee in a full-time position shall be
                entitled to receive sick leave after the completion of 1040 hours of
                service.
          2. Part-time Employees. Each employee in a part-time position shall be
                eligible to receive sick leave after completing hours of service equivalent
                to six (6) months, provided, however, that the six (6) months shall be
                determined by multiplying the authorized weekly number of hours for the
                position by twenty-six (26).
          3. Extra-help Employees. Extra-help employees shall not earn sick leave.
          4. Provisional Employees on Original Appointment. If a provisional
                employee is given a probationary appointment without a break in service,
          the employee shall be granted credit for hours of service as a provisional
          employee for purposes of earning sick leave credit.
       5. Employees Reappointed from Layoff. Employees who are laid off and
          reappointed within a period of twenty-four (24) months of layoff shall
          receive credit for hours of service accumulated prior to layoff for purposes
          of determining eligibility for sick leave.
       6. LC 4850 Leave. Employees receiving paid leave pursuant to California
          Labor Code Section 4850 shall not accrue sick leave.
B. Sick Leave Allowance.
       1. Employees Reappointed from Layoff (within twenty-four (24) months).
              a. Employees who were not eligible for sick leave conversion at the
                  time of layoff shall, upon reappointment, be credited with all
                  unused sick leave accrued at the time of layoff.
              b. Conversion of unused sick leave at the time of layoff eliminates all
                  remaining accrued sick leave.
       2. Reinstated Employees. Employees granted reinstatement shall not
          receive credit for sick leave earned prior to their resignation.
       3. Accrual - Employees in the Law Enforcement Unit.
              a. Eligible full-time employees shall be credited with forty-eight (48)
                  hours of sick leave upon completion of 1040 hours of service.
              b. Eligible part-time employees shall be credited with sick leave on a
                  prorated basis proportionate to the authorized hours of their
                  position, upon completion of the required hours of service under
                  subsection A.2. of this Article.
              c. Thereafter, each eligible part-time and full-time employee shall
                  accumulate .0462 hours of sick leave for each subsequent
                  completed hour of service (approximately 96 hours per year of full-
                  time service) up to the maximum accrual.
C. Permissible Uses.
       1. Employee

           Sick leave may be used in case of a bona fide illness of the employee
           upon approval of the department head.

       2. Family
             a. In conformance with State law, employees shall be granted
                 permission to use accrued sick leave to attend to the illness of a
                 child, parent or spouse/domestic partner of the employee. All
                 conditions and restrictions placed by the employer upon the use
                 by an employee of sick leave also shall apply to the use by an
                 employee of such leave to attend to any illness of his or child,
                 parent or spouse/domestic partner. As used in this paragraph
                 ―child‖ means a biological, foster or adopted child, step-child, a
                 legal ward, or a child of a person standing in loco parentis ―parent‖
                 means a biological, foster or adoptive parent, a step-parent or a
                 legal guardian.
             b. Effective the date of ratification of this contract, an employee may
                 use all accrued sick leave to care for a family member as defined
                 above.
                   The department head or designee may require certification from a
                   physician of the adequacy of the reason for any absence.

D. Limitations on Use
       1. Sick leave may not be used for willfully self-inflicted illness or, injury, for
           illness or injury resulting from misconduct, or for illness or injury sustained
           on leave of absence.
       2. Accrued sick leave may be prorated and added to Workers'
           Compensation temporary disability benefits in order to provide a
           compensation level equal to the employee's normal pay.
       3. An employee enrolled in the PORAC Long-Term Disability Plan shall be
           allowed to receive the LTD benefit after the required plan waiting period
           of thirty (30) calendar days for non-industrial related disabilities and sixty
           (60) calendar days for industrial disabilities and will not be required to
           exhaust all accrued sick leave prior to receiving LTD benefits.
E. Sick leave may only be accrued up to a maximum balance of 1440 hours.
F. Conversion of Unused Sick Leave Upon Separation
       1. Employees appointed to budgeted positions shall be eligible for
           conversion of unused sick leave upon separation as specified
           immediately below.
                a. Full-time Employees with 2080-10,400 Hours of Service. Any
                    employee in a full-time budgeted position who separates from
                    County employment in good standing, and who has completed
                    2080 - 10,400 hours of service prior to such separation shall there
                    upon be paid 10% of the monetary value of any unused sick leave
                    then to the credit of such employee, less 160 hours (i.e., accrued
                    sick leave minus – 160 hours, multiplied by .10). The maximum
                    number of sick leave hours converted to pay (―conversion hours‖)
                    shall not exceed 300.
                b. Full-time Employees with 10,401-20,800 Hours of Service. Any
                    employee in a full-time budgeted position who separates from
                    County employment in good standing, and who has completed
                    10,401 - 20,800 hours of service prior to such separation shall
                    there upon be paid 25% of the monetary value of any unused sick
                    leave then to the credit of such employee, less 160 hours (i.e.,
                    accrued sick leave minus – 160 hours, multiplied by .25). The
                    maximum number of conversion hours shall not exceed 300.
                c. Full-time Employees with 20,801 and Over Hours of Service. Any
                    employee in a full-time budgeted position who separates from
                    County employment in good standing, and who has completed
                    20,801 or more hours of service prior to such separation shall
                    there upon be paid 50% of the monetary value of any unused sick
                    leave then to the credit of such employee, less 160 hours (i.e.,
                    accrued sick leave minus -160 hours, multiplied by .50). The
                    maximum number of conversion hours shall not exceed 300.
                d. Part-time Employees. Each employee in a part-time budgeted
                    position shall be eligible for conversion of sick leave at the rates
                    set forth above in this section, provided, however, that the hours
                    of service required of part-time employees shall be computed on a
                    prorated basis proportionate to the number of authorized hours for
                    the employee's position.
          2. Computation. The monetary value of the unused sick leave shall be
             computed by multiplying the employee's regular hourly rate of
             compensation at the time of separation from employment by the number
             of hours of unused sick leave, not to exceed 300 hours.
          3. Elimination of Sick Leave. Conversion of sick leave at the time of
             separation extinguishes all remaining accrued sick leave.

18.4   COURT LEAVE

   A. All employees shall be granted leave with pay from their work for such time as
      they may be required to serve in a court of law:
          1. As jurors; or
          2. As witnesses on behalf of the County, unless such service is part of the
              employee's work assignment; or
          3. As witnesses as required by subpoena based on their occupational
              expertise as employees of the County, unless such service is part of the
              employee's work.
   B. Accumulation of credits for other paid leave shall continue in the same manner
      as would have been the case had the employees actually been at work in their
      County positions during the period of required court attendance.
   C. Any employee assigned to swing or grave yard shift, for the hours of required
      court leave, in accordance with A, above, shall not be compensated for the
      period of required court duty but shall receive equal time off as leave with pay
      during the same or next work period and such leave with pay shall not be
      considered time worked for purposes of overtime.
   D. Employees required to serve in a court of law in accordance with A, above, on
      their day off shall not be compensated for the period of required court leave but
      shall receive equal time off as leave with pay during the same or next work
      period and such leave with pay shall not be considered time worked for purposes
      of overtime.

18.5   OTHER LEAVE

   A. Both parties agree that all employees receiving paid leave under the provisions
      of California Labor Code Section 4850 shall not accrue sick leave.
   B. Bereavement Leave

       Employees shall be granted bereavement leave with pay by his/her appointing
       authority in the case of the death of the following family members: the parents of
       the employee, the employee's spouse/domestic partner, the parents of the
       employee's spouse/domestic partner, the step-parents of the employee and/or
       employee's spouse/domestic partner, the grandparents of the employee, and the
       brother and/or sister of the spouse/domestic partner of the employee.
       Also included are the sister and brother of the employee; children, grandchildren,
       stepchildren and adopted children of the employee and or spouse/domestic
       partner. Family members listed above pertaining to the employee's domestic
       partner are recognized by the County after submission of an Affidavit of Domestic
       Partnership. Such leave shall be limited to three (3) days per occurrence within
       California or five (5) days per occurrence for death occurring outside of
       California.
ARTICLE 19    LEAVE OF ABSENCE WITHOUT PAY

  A. General Provisions. The granting of any leave of absence without pay shall be
     based on the presumption that the employee intends to return to work upon the
     expiration of the leave and shall be with the understanding that the primary
     purpose of the leave of absence without pay is not to seek or accept other
     employment. No department shall grant a leave of absence without pay without
     the prior approval of both the Personnel Director and the Risk Manager when an
     employee has indicated that he/she intends to terminate or is terminating from
     regular County service.
  B. Departmental Leave of Absence Without Pay through 160 Working Hours. A
     departmental leave of absence without pay shall not exceed 160 consecutive
     working hours for a full-time employee and shall not exceed hours proportionate
     to 160 for a part-time employee (e.g., a departmental leave of absence without
     pay shall not exceed 80 hours for an employee whose scheduled hours are 20
     per week, or 120 hours for an employee whose scheduled hours are 30 per
     week).
         1. Permanent and Non-Civil Service Employees. The appointing authority
             may grant an employee who has permanent or non-Civil Service status in
             their present class a leave of absence without pay for the purpose of
             improving their training for their position or career in the County Service,
             or in the case of extended illness for which paid leave is not available, or
             in the event of urgent personal affairs that require the full attention of the
             employee, or as may be required by Federal or State Family Leave Acts.
         2. Probationary and Provisional Employees on Original Appointment. The
             appointing authority may grant a leave of absence without pay to
             employees on an original appointment with probationary or provisional
             status in the case of illness or where such leave is clearly in the best
             interest of the County and urgent personal affairs require the full attention
             of the employee, or as may be required by Federal or State Family Leave
             Acts.
         3. Extra-Help Employees. Extra-help employees are not eligible for leave of
             absence without pay.
  C. County Leave of Absence Without Pay in Excess of 160 Working Hours.
     Permanent employees may be granted a leave of absence without pay in excess
     of 160 hours (prorated for part-time employees) under the circumstances
     described in this Article, subject to the prior approval of the Personnel Director.

     Pursuant to Civil Service Rule XI.B., the maximum period of leave of absence
     without pay is one (1) year.

  D. Right of Return
        1. Permanent Employees. The granting of a leave of absence without pay to
            an employee who has permanent status in her/ his present class
            guarantees the employee’s right to return to a position in the same class
            in the department at the expiration of the leave, or at an earlier date
            mutually agreed upon by the department and the employee.
        2. Probationary and Provisional Employees on Original Appointment and
            Non-Civil Service Employees. The granting of a leave of absence with out
            pay to an employee on an original appointment with probationary or
                provisional status or in a position with non-Civil Service status does not
                guarantee the right of return.
            3. FMLA Leave. Notwithstanding the provisions of this Article (19),
                employees returning from an approved Family Care or Medical Leave of
                Absence shall have the right to return to the same or equivalent position
                as required by Federal or State law.
   E.   Effect of Leave of Absence Without Pay on Service Hours. Leaves of absence
        without pay shall be deducted from hours served for purposes of step
        advancement, probationary period and County service, except as may be
        required by Workers’ Compensation provisions.
   F.   Continuation of Insurance Benefits During Leave Without Pay. To assure
        continuation of insurance benefits, employees must notify the Employee
        Insurances/Benefits Section of the County Personnel Department when granted
        a leave of absence without pay in excess of one pay period.
   G.   Limitation on Use
            1. Employees enrolled in the PORAC Long-Term Disability Plan shall be
                allowed to receive the LTD benefit after the required plan waiting period
                for thirty (30) calendar days for non-industrial related disabilities and sixty
                (60) calendar days for industrial disabilities and will not be required to
                exhaust all accrued sick leave prior to receiving LTD benefits.
            2. Employees must use all accumulated compensatory time off prior to the
                effective date of any leave of absence without pay.
            3. Departments may establish conditions pertaining to the period of leave of
                absence without pay and requirements for return from such leave, and
                shall inform employees of these conditions and requirements prior to
                approving any leave.
            4. Specific beginning and ending dates must be identified for any leave
                without pay.
            5. Paid leave shall not be received or earned for any period of leave of
                absence without pay.
   H.   Failure to Return. Any employee who fails to return upon the expiration of any
        leave of absence without pay shall be regarded as having automatically resigned.


ARTICLE 20 ABSENCE WITHOUT LEAVE
An employee absent from duty without authorized leave for a period which exceeds
three (3) working days shall be considered to have abandoned his/her position and to
have automatically resigned.
The appointing authority shall rescind such resignation if the employee can show to the
satisfaction of the appointing authority that it was impossible to contact the department
of employment, provided the employee contacts the department at the first opportunity.
The employee may appeal the appointing authority's determination to the Civil Service
Commission within the time provided for in County Code Section 3.24.030. The appeal is
limited solely to the questions of whether it was impossible for the employee to contact
the department of employment, and did contact the department at the first opportunity.


ARTICLE 21      PREMIUM PAY

21.1 PREMIUM PAY - GENERAL
Premium pay differentials shall be applied as follows:
   A. Each type of premium pay (e.g., night shift differential) shall be applied
      separately against the base hourly rate of the employee receiving the
      premium(s).
   B. Effective April 5, 1986, premium pay differentials shall be applied to overtime
      hours.
   C. Effective April 5, 1986, each of the premium pay differentials shall be paid at one
      and one-half times the specified rate for overtime hours.
   D. No premium pay differentials shall be paid for the periods an employee is
      receiving on-call pay.
   E. Regardless of whether overtime is compensated in cash or compensatory time,
      any differentials/premium pay applicable in the work period when the overtime is
      worked shall be shown on the timecard for that period, and shall not be shown on
      the timecard when any resultant compensatory time is taken off.

21.2 NIGHT SHIFT DIFFERENTIAL
Employees who work eight consecutive hours or more which includes at least four hours
of work between the hours of 6:00 p.m. and 8:00 a.m. as a regular work assignment
shall be paid a differential above their regular salary rate as and for a night shift
differential.
This differential shall be 5.0% of the employee's regular base hourly rate.

21.3   CAREER INCENTIVE

   A. POST Certificates
        1. It is incumbent on the employee to notify the Sheriff's Office when they
           believe they may be eligible to receive a POST certificate. The Sheriff's
           Office will submit the application as soon as the necessary supporting
           documentation is received from the employee. The employee will be
           notified in writing when the application is submitted to POST.
        2. Employees in the unit who are eligible for career incentive shall receive
           the appropriate differential one pay period after the Sheriff's Office
           submits an application to the State of California Department of Justice for
           a POST certificate or on the employee's eligibility date, whichever is later,
           and the Office submits to payroll the necessary payroll forms.

              If, after receiving the application, POST determines that the employee is
              not eligible for the applicable certificate, the employee will cease to
              receive the career incentive differential until such time as the POST
              certificate is actually received.

          3. Differential.
                 a. A differential of 1.65% above the employee's base hourly salary
                     rate shall apply for a POST Intermediate certificate. Effective pay
                     period 14 in 2009, the differential for POST Intermediate certificate
                     will increase to 3%.
                 b. A differential of 3.02% above the employee's base hourly salary
                     rate shall apply for a POST Advanced certificate. Effective pay
                     period 14 in 2009, the differential for the POST Advanced
                     certificate will increase to 4%.
                c. The maximum differential for possession of a POST certificate is
                    shown in part b, immediately above. No employee will receive
                    career incentive for both an Intermediate and an Advanced POST
                    certificate.
   B. These provisions shall apply only to regular employees in classes for which
      possession of a POST Basic certificate is required.

21.4 DETECTIVE DIFFERENTIAL
Employees in Deputy Sheriff positions regularly assigned to the Investigation Division of
the Sheriff's Office shall receive a pay differential above their base hourly rate.
Employees in the class of Deputy Sheriff who are temporarily assigned to investigation
work in the Investigation Bureau by the Sheriff shall receive a pay differential above their
base hourly salary rate with the prior approval of the County Administrative Office,
following completion of the first full pay period of such assignment.

This differential shall be equal to 5.0% of the top step hourly salary rate for the class of
Deputy Sheriff.

21.5 FIELD TRAINING OFFICER
Employees in the class of Deputy Sheriff assigned by the Sheriff to duty as a Field
Training Officer shall be paid above their regular base hourly rate salary for and as a
Field Training Officer as differential.
This differential shall be 5.0% of the base hourly salary rate.

21.6   BILINGUAL PAY

   A. The County shall provide payment of an additional $0.50 per hour above the
      hourly salary rate for hours worked where the position is designated as requiring
      bilingual language skills at Level I and the employee is certified as qualified at
      Level I by the County Personnel Director.

       The County shall provide bilingual payment of an additional $0.70 per hour above
       the hourly salary rate for hours worked where the position is designated as
       requiring bilingual skills at Level II and the employee is certified as qualified at
       Level II by the County Personnel Director.
       The County shall provide bilingual payment of an additional $0.85 per hour above
       the hourly salary rate for hours worked where the position is designated as
       requiring bilingual skills at Level III and the employee is certified as qualified at
       Level III by the County Personnel Director.
       "Level I" is the ability to converse in the second language(s) and to read English
       and translate orally into the second language(s). "Level II" is the ability to
       converse in the second language(s); to read English and translate orally into the
       second language(s); read the second language(s) and translate orally into
       English; and to write in the second language(s). "Level III" encompasses the
       ability to perform at Level II plus additional specialized legal translation and
       writing skills beyond Level II, including the preparation of international extradition
       orders and other extensive legal documents for prosecution and extradition
       purposes.
   B. Bilingual pay shall be initiated at the beginning of the pay period after the criteria
      outlined herein are met.
   C. The County shall periodically review positions covered by these provisions to
      determine the number, location, and level of bilingual skill required of positions to
      be designated as requiring bilingual skills. The County may require retesting of
      employees for the purpose of certifying that employees possess the necessary
      skill level.
   D. Bilingual pay shall be removed when the criteria as outlined herein cease to be
      met.



21.7   SR. DEPUTY DIFFERENTIAL

A.      Effective pay period 14 in 2009, eligible employees in the classification of Deputy
Sheriff shall be paid at the rate of three percent (3%) above their base hourly rate. In
order to be eligible for this differential, employees must have 29,121 County service
hours as a qualified Peace Officer with Santa Cruz County and must possess a POST
Advanced Certificate.

ARTICLE 22 OTHER COMPENSATION PROVISIONS

22.1   UNIFORM ALLOWANCE

   A. The County agrees to provide replacements for worn out or damaged uniforms
      for Sheriff's Department employees in the Law Enforcement Representation Unit
      that have passed their probationary period, provided that uniforms are not
      damaged through gross negligence. Items covered by this program are:

              Shirts        Shoes
              Pants         Hat
            Jackets        Ties
   B. Uniforms replaced under this provision shall be replaced on an equivalent Class
      basis, i.e., Class A pants may be exchanged for Class A pants. These items are
      not to be used other than while working for the County or while traveling to and
      from work. For any boots/shoes replaced on and after Board adoption of this
      agreement, the amount of reimbursement shall not exceed $110.00.
   C. Uniform Cleaning Allowance.

       Employees in the classes in this representation unit have received adjustments
       to their base hourly salary rate as compensation for the cleaning of required
       uniforms. Effective January 30, 1993, employees in the classes listed below shall
       receive a $0.02 per hour adjustment to their base hourly salary rate. (Such
       employees previously received $0.22 in their base hourly rates.)

22.2 MEALS IN DETENTION FACILITIES
Employees in this unit who are required to remain at their posts in a detention facility for
the entire shift shall be provided with one meal, and only one meal, per shift.
22.3 EXCEPTIONAL TRAVEL
When employees are required to travel out of the Santa Cruz County area for such law
enforcement activities as court appearances, criminal investigations and/or prisoner
transportation, the reimbursement provisions of Section 100, Travel Rules and
Regulations and Claiming Procedures, of Title I of the County Procedures Manual shall
apply.

22.4 BODY ARMOR
The County agrees to refurbish, repair, or replace body armor, as appropriate, in
accordance with manufacturer specifications. The cost to the County for such
refurbishment, repair, or replacement of an employee's body armor shall be limited to a
maximum of $1000 during the life of this agreement.


ARTICLE 23     UNION SECURITY

23.1 RELATIONSHIP AFFIRMATION
The Union recognizes its obligation to cooperate with the County to maximize service of
the highest quality and efficiency to the citizens of Santa Cruz County, consistent with its
obligations to the employees it represents. County and Union affirm the principal that
harmonious labor management relations are to be promoted and furthered.

23.2 NOTICE OF RECOGNIZED UNION
The County shall give a written notice to persons being processed for regular
employment in a class represented by the Union. The notice shall contain the name and
address of the Union and the fact that the Union is the exclusive bargaining
representative for the employee's unit and class. The County shall give the employee a
copy of the current Memorandum of Understanding.

23.3   AGENCY SHOP

   A. Except as provided in Section 23.4 of this Article (Article 23), each person
      appointed to a class in the Law Enforcement Representation Unit on or after
      January 28, 1984 shall, and as a condition precedent to employment, be required
      to execute an authorization for the monthly payroll deduction of Union dues, or of
      a service fee not to exceed Union dues, and shall continue said authorization
      during the period of employment. Said authorization shall be made on a form
      provided by the Union and approved by the County. The Union shall receive
      copies of executed authorization forms from the County Personnel Department.
      Payroll deductions shall commence on the third pay period of employment.
   B. Except as provided in Section 23.4 of this Article (Article 23), each person
      employed in the Law Enforcement Representation Unit on or before February 24,
      1984 shall be liable for payroll deduction of Union dues, or of a service fee not to
      exceed Union dues during the term of this Memorandum of Understanding.
      Commencing three pay periods following the effective date of this section and
      continuing for the duration of this Memorandum of Understanding, the County
      shall make a monthly payroll deduction of Union dues or a service fee not to
      exceed Union dues or a charitable contribution as provided in Section 23.4(B).
      This obligation supersedes the provisions of Section F of the County's employee
      relations resolution.
23.4   EXCLUSIONS

   A. Employees in positions currently designated as confidential employees are
      excluded from the provisions of this Article (Article 23). Positions, if any, currently
      designated as confidential are listed on Attachment A. Employees designated as
      confidential may be changed by the County in accordance with provisions of the
      Memorandum of Understanding and of the County's Employee Relations
      Resolution.
   B. Any employee who is a member of a bona fide religion, body or sect which has
      historically held conscientious objections to joining or financially supporting public
      employee organizations shall not be required to join or financially support the
      Union as a condition of employment, and is excluded from the provisions of
      Section 23.3 of this Article. Such employee shall authorize a monthly payroll
      deduction in an amount equal to service fees to a non-religious, non-labor,
      charitable organization exempt from taxation under Section 501 (c) (3) of the
      Internal Revenue Code. Said payroll deduction shall be made to an organization
      for which payroll deductions have been arranged through the County Auditor-
      Controller.

Each person requesting exemption from the provisions of Sections 23.3 (A) and 23.3 (B)
of this Article shall file a claim with the Union on a form provided by the Union and
approved by the County. A claim for a religious exemption from Section 23.3 (A) must be
filed with the County Personnel Department as a condition precedent to employment.
A claim for a religious exemption under Section 23.3 (B) of this article must be filed by
February 24, 1984 at the County Personnel Department on a form provided by the
Union, approved by the County, and available from the County Personnel Department.
Claims received after February 24, 1984 will not be considered.
Should an employee request termination of dues deduction or service fee equivalent
because the employee asserts he/she has become a member of a bona fide religion,
body, or sect which has historically held conscientious objection to joining or financially
supporting employee organizations, the employee must file a claim of religious
exemption at the County Personnel Department on a form provided by the Union,
approved by the County, and available from the County Personnel Department. Such
claims filed with the County shall be promptly forwarded to the Union for processing. The
Union shall review all claims for religious exemption and notify the employee and the
County of approval or denial of the claim within 40 calendar days of receipt by the Union.
Deduction of charitable contributions shall begin following resolution of the employee
claim for religious exemption. If the exemption is approved, any service fee collected
from the employee since date of filing shall be returned to the Auditor-Controller for
distribution in accordance with the second paragraph of Section 23.4 (B) of this Article.

23.5 FINANCIAL REPORT
The Union shall maintain an adequate itemized record of its expenditures and financial
transactions and shall make available annually to the County and to the employees who
are in the unit, within 60 days after the end of its fiscal year, a detailed written financial
report thereof in the form of a balance sheet and an operating statement, certified as to
accuracy by its president and treasurer or corresponding principal officer, or by a
certified public accountant.

23.6   VOTE TO RESCIND AGENCY SHOP PROVISION
Section 23.3 of this article may be rescinded by a majority vote of all employees in the
unit covered by Section 23.3 provided that:

   1. A request for such a vote is supported by a petition submitted to the County
      Employee Relations Officer containing the signatures of at least 40% of the
      employees in the unit covered by Section 23.3. An employee signature will be
      counted only if the employee is in paid status at the time the petition is submitted
      and the signature is dated within the ninety (90) day period prior to the
      submission of the petition;
   2. The vote is by secret ballot of employees in paid status on the last day of the pay
      period preceding the election; and
   3. Such vote may be taken at any time during the term of this Memorandum of
      Understanding, but in no event shall there be more than one vote taken during
      such term.

The election shall be conducted by the State Conciliation Service and the cost of the
election shall be fully paid by the proponents. The proponents shall post a $500 bond
with the County Employee Relations Officer at the time of filing the petitions requesting a
vote to rescind Section 23.3 of this Article.

23.7 ENFORCEMENT/SEPARABILITY
In the event that any provision of Article 23.3 is declared by a court of competent
jurisdiction to be illegal or unenforceable, all employees in the representation unit, who
are members of the union, shall remain members during the period covered by this
Memorandum of Understanding, and shall remain subject to all provisions of this
Memorandum of Understanding which have not been declared to be illegal or
unenforceable, provided however, that such members may only withdraw their
membership during the month of October of any year. Such employee desiring to revoke
his/her authorization for union dues, shall forward a letter by U.S. mail to the County
Personnel Department, 701 Ocean St., Santa Cruz, California, 95060, setting forth his or
her desire to revoke said authorization and may include reason thereof. To be
considered, a letter shall be received by the County Personnel Department no later than
the last working day in October. The Personnel Department shall promptly forward a
copy of said letter to the union.
New employees hired under the provisions of 23.7 shall be required to execute an
authorization form. The authorization form shall include a statement that the Union and
the County have entered into a Memorandum of Understanding, that the employee is
required to authorize payroll deductions of Union dues or a service fee not to exceed
Union dues as a condition of employment, and that such authorization may be revoked
within the first thirty calendar days of employment upon proper written notice of the
employee within said thirty day period as set forth. Each such employee shall, upon
completion of the authorization form, receive a copy of said authorization form which
shall be deemed proper notice of his or her right to revoke said authorization.
The Union shall receive from County Personnel Department copies of the authorization
form.
Any employee desiring to revoke his or her authorization for union dues or service fee
not to exceed Union dues shall during the first 30 calendar days of employment or during
the month of October forward a letter through the U.S. mail to the County Personnel
Department, 701 Ocean Street, Santa Cruz, CA. 95060, setting forth his or her desire to
revoke said authorization and may include reasons thereof. To be considered the letter
must be received no later than 30 calendar days of employment or during the month of
October. The Personnel Department shall promptly forward a copy of said letter to the
Union.
Failure to timely notify the Personnel Department shall be deemed an abandonment of
the right to revocation until the next appropriate time period.

23.8 INDEMNIFY AND HOLD HARMLESS
The Union indemnifies and holds the County, it's officers, and employees acting on
behalf of the County, harmless and agrees to defend the County, it's officers, and
employees acting on behalf of the County, against any and all claims, demands, suits
and from liabilities of any nature which may arise out of or by reason of any action taken
or not taken by the County under the provisions of this Article (Article 23), Sections 1
through 6.

23.9 PAYROLL DEDUCTIONS AND PAYOVER
The County shall deduct union dues or service fees and premiums for approved Union
insurance programs from the pay of employees in the Law Enforcement Representation
Unit in conformity with County regulations. The County shall promptly pay over to the
designated payee all sums so deducted.


ARTICLE 24 GRIEVANCE PROCEDURE
The County and Union recognize that early settlement of grievances is essential to
sound employee management relations. The parties seek to establish a mutually
satisfactory method for the settlement of grievances of employees, or the Union. In
presenting a grievance, the aggrieved and/or his/her representative is assured freedom
from restraint, interference, coercion, discrimination, or reprisal. Pursuant to this
Memorandum of Understanding and the County's Procedures Manual, Section 160,
Salary, Compensation and Leave Provisions, which directly applies to employees in the
Law Enforcement Representation Unit, the procedures and provisions herein are
established in order to maintain a reasonable and uniform process for dealing with
disputes.

   A. Definition
         1. A grievance may only be filed if it relates to:
                 a. A management interpretation of application of provisions of this
                    Memorandum of Understanding which adversely affects an
                    employee's wages, hours or conditions of employment; or
                 b. A management interpretation of application of the County
                    Procedures Manual, Section 160, Salary, Compensation and
                    Leave Provisions, which directly applies to employees in the Law
                    Enforcement Representation Unit and which adversely affects the
                    employee's wages, hours, or conditions of employment.
         2. Specifically excluded from the grievance procedure are:
                 a. Subjects involving amendment or change of a Board of
                    Supervisors resolution, ordinance, or minute order;
                 b. Dismissals, suspension, or reduction in rank or classification;
                 c. Probationary dismissals upon original appointment;
                 d. Content of performance evaluations;
                 e. Leaves of Absence, Article 19; and
              f. Violation, misinterpretation, or misapplication of Civil Service
                 Rules or provisions of the County Code.
              g. Affirmative action or harassment complaints.
              h. Complaints regarding Workers' Compensation or the applicable
                 procedures for such complaints.
              i. Complaints regarding occupational health and safety or the
                 applicable procedures for such complaints. (Failure by the County
                 to follow the process specified in Article 6 is grievable.)
B. Presentation

   Employees shall have the right to present their own grievance or do so through a
   representative of their own choice. Grievances may also be presented by a group
   of employees or by the Union. No grievance settlement may be made in violation
   of an existing rule, ordinance, memorandum of understanding, minute order or
   resolution of the Board of Supervisors or State law. Union grievances shall
   comply with all foregoing provisions and procedures.

C. General Provisions
      1. The provisions of this Article shall not abridge any rights to which an
         employee may be entitled under the County's limited civil service system,
         or merit employment system, nor shall it be administered in a manner
         which would abrogate any power which, under the limited civil service
         system, or merit employment system, is the sole province and discretion
         of the Civil Service Commission.
      2. Failure of the employee to file a grievance or an appeal within the
         required time limits at any step shall constitute an abandonment of the
         grievance. Failure of the County to respond within the time limit of any
         step shall result in an automatic advancement of the grievance to the next
         step.
      3. In no event shall any grievance include a claim for money relief for more
         than a sixty (60) day period prior to filing of the grievance.
      4. Time limits specified in the processing of grievances may be waived by
         mutual agreement in writing.
      5. Grievances may, by mutual agreement, be referred back for further
         consideration or discussion to a prior step or advance to a higher step of
         the grievance procedure.
      6. No hearing officer shall entertain, or make finding of fact or recommend
         on any dispute unless such dispute involves a position in the Law
         Enforcement Representation Unit and unless such dispute falls within the
         definition of a grievance as set forth in the Article.
D. Procedure
      1. Informal Grievance

          Any employee who believes that he or she has a grievance may discuss
          his/her complaint with the immediate supervisor in an attempt to resolve
          the matter before it becomes the basis for a formal grievance.

       2. Formal Grievance
             a. STEP 1
     Within twenty (20) calendar days of occurrence of discovery of an
     alleged grievance, the grievance may be presented to the
     department head or designated representative. The grievance
     shall be submitted on a County of Santa Cruz Grievance Form
     and shall contain the following information:
(1). The name of the grievant(s);
(2). The specific nature of the grievance;
(3). The date, time and place of occurrence;
(4). Specific provision(s) of the Memorandum of Understanding or
     Section 160 of the County Procedures Manual alleged to have
     been violated;
(5). Any steps that were taken to secure informal resolution;
(6). The corrective action desired; and
(7). The name of any person or representative chosen by the
     employee to enter the grievance.
     The employee shall be allowed reasonable time to meet with a
     designated steward. A reasonable amount of time will be granted
     the employee and steward to handle the initial investigation and
     processing of the grievance. The steward may discuss the
     problem with employees immediately concerned and attempt to
     achieve settlement of the matter.
     The department head or designated representative shall provide a
     written decision within twenty (20) days of receipt of the grievance.

b. STEP 2

    If the grievant(s) is not satisfied with the first step decision, s/he
    may, within fourteen (14) calendar days after receipt of the
    decision, present a written appeal of the decision to the Personnel
    Director or designated representative. The Personnel Director or
    designated representative shall provide a written decision within
    fourteen (14) calendar days of receipt of the appeal.

c. STEP 3

    The decision(s) of the Personnel Director may be appealed within
    seven (7) calendar days to a hearing officer. The written appeal
    shall be filed with the Personnel Director.

d. HEARING OFFICER

    The hearing officer's compensation and expenses shall be borne
    equally by the grievant(s) and the County. Each party shall bear
    the costs of its own presentation, including the preparation and
    post hearing briefs, if any.
    The County and the Union shall mutually agree upon or jointly
    select a panel of seven hearing officers from names provided by
    the State Conciliation Service. The County and the Union may
    mutually agree to use a hearing officer not on the list or to add to,
                       or modify the list. Members of the panel shall be advised of and
                       agree to the following:
                  (1). Within ten (10) calendar days of receipt of the appeal at step 3,
                       one hearing officer shall be selected by rotation from the panel. A
                       hearing shall be scheduled within thirty (30) calendar days of
                       receipt of the appeal.
                  (2). Proceedings shall be recorded but not transcribed except at the
                       request of either party to the hearing. The party requesting the
                       transcripts shall bear the expense. Upon mutual agreement, the
                       County and the grievant may submit briefs to the hearing officer in
                       lieu of a hearing.
                  (3). Except when briefs are submitted as specified in the preceding, it
                       shall be the duty of the hearing officer to hear and consider
                       evidence submitted by the parties and to thereafter make written
                       findings of fact and recommend a disposition of the grievance to
                       the County Administrative Officer within fifteen (15) calendar days
                       of the conclusion of the hearing. The hearing officer shall have no
                       power to recommend amendment to the Memorandum of
                       Understanding, a resolution or minute order of the Board of
                       Supervisors, ordinance, State law, or written rule.
                  (4). The hearing officer's findings of fact and recommended disposition
                       shall be forwarded to the County Administrative Officer and to the
                       grievant. Within ten (10) calendar days of receipt, the County
                       Administrative Officer shall make a decision on the grievance.
                  (5). If any decision by the County Administrative Officer requires
                       action of the Board of Supervisors before it can be placed in
                       effect, the County Administrative Officer shall recommend to the
                       Board of Supervisors that it implement the decision.


ARTICLE 25 GRIEVANCE REPRESENTATIVES
The Union agrees to notify the County of their Grievance Representatives. One
Grievance Representative shall be allowed at each separate physical work location. If
more than twenty-five employees are assigned to one physical work location one
Grievance Representative shall be allowed for each twenty-five employees or fraction
thereof. The Union may request additional Grievance Representatives where
circumstances warrant such action. Department heads are authorized to grant such
requests where circumstances warrant.
A Grievance Representative shall be authorized a reasonable amount of time off to
evaluate alleged grievances and advise employee regarding the processing of an
alleged grievance prior to submitting the grievance for processing. Grievance
Representatives shall arrange with their immediate supervisor prior to using County time
to assist in grievance processing.


ARTICLE 26     LAYOFF PROVISIONS

26.1 DEFINITIONS
Layoff: The involuntary separation of an employee because of lack of work, lack of
funds, reorganization, in the interest of economy or other reasons determined by the
Board of Supervisors to be in the best interest of County government.
26.2 PURPOSE OF LAYOFF PROVISION
To provide a prompt and orderly process for reduction in the County workforce when
determined to be necessary by the Board of Supervisors for the County.

26.3 DECISION PROCESS
The Board of Supervisors shall determine the department in which the reduction is to be
made and the number and classes of positions to be eliminated.

26.4 SCOPE OF APPLICATION
Layoff provisions shall apply only to the department in which a workforce reduction is to
occur and to the classes designated for layoff, or affected by displacement, within that
department.
The County Personnel Department shall provide affected employees with two (2) weeks
written notice of layoff and/or displacement.
Layoff provisions shall not apply to a temporary layoff declared under the authority of the
Board of Supervisors of less than four (4) cumulative weeks per fiscal year.

26.5 ORDER OF LAYOFF
Whenever it is necessary to layoff one or more employees in a department, the
Personnel Director will prepare a list of the order of layoff in accordance with the
following:

   A. Extra-help employees performing work within the affected class(es) shall be laid
      off first;
   B. A call for volunteers, in order of seniority (to be considered a layoff). Such
      employees may not displace (bump) to another class.
   C. Provisional employees in the affected class(es) shall be laid off next;
   D. Probationary employees working in the affected class(es) shall be laid off next;
   E. Permanent employees working in the affected class(es) who have received a
      substandard evaluation on their last two scheduled performance evaluations
      shall be laid off next in reverse order of seniority, as defined in 26.7 below; and
   F. Permanent employees shall be laid off last in reverse order of seniority as
      defined below in 26.7.

26.6 DISPLACEMENT (BUMPING) IN LIEU OF LAYOFF
Displacement is the movement in a layoff of an employee to an equal or lower class on
the basis of seniority. (An employee cannot displace to a higher class.)
If an employee who is to be laid off had permanent status in an equal or lower class in
the department in which layoff occurs, such employee shall be offered a vacant position
in the equal or lower class in the department or he/she may displace an employee of that
department having less seniority as defined in 26.7. Any employee thus displaced may
in the same manner displace another employee. Should an employee have the right to
displace in more than one class, he/she shall displace first in the highest class in which
he/she has rights. Should an employee have the right to displace to two or more equal,
lower classes, he/she shall displace first to the most recently occupied equal class.

26.7 SENIORITY FOR PURPOSES OF LAYOFF AND DISPLACEMENT
Seniority rights for purposes of layoff and displacement and involuntary reduction in
authorized hours shall be available only to County employees in the Classified Service
that have attained permanent status.
Seniority credits for purposes of layoff, displacement and involuntary reduction in
authorized hours shall be determined by crediting one seniority point for each full 80
hours of authorized service in a class while in continuous County service.

   A. Authorized hours of service are the number of hours formally established for a
      position by the Board of Supervisors or County Administrative Officer action.
      Hours worked in excess of the number of hours authorized, whether overtime or
      otherwise, shall not be included in determination of seniority credit.
   B. Continuous County service is service uninterrupted by termination and provided
      that those hours of a leave of absence without pay which exceed 152
      consecutive hours shall be deducted from the authorized hours of service total
      for purposes of determining seniority credit.

For purposes of seniority only, an employee who is laid off and reappointed to a regular
position within two years of layoff shall not be considered to have terminated. However,
no seniority credit shall accrue for such an employee during the period of layoff.
For purposes of layoff, displacement, and involuntary reduction in authorized hours,
seniority credit shall accrue for classes in which permanent status has been obtained.
Seniority may be accumulated when moving from one department to another (e.g.,
through promotion, transfer, or demotion) however, it shall only apply to the department
in which a workforce reduction is to occur and only for classes designated for layoff or
affected by displacement or involuntary reduction in authorized hours within the
department.
Seniority credit for prior service in higher or equal levels in which permanent status was
obtained shall be applied to a current class in which permanent status has been
obtained. Permanent service in two classes at the same level shall be combined and
accrue to the most recent class for seniority credit.
Seniority in the current class shall be added to seniority in the next lower class in which
permanent status has been obtained for purposes of displacement. Determination of the
relationship between existing classes with respect to higher, equal or lower status shall
be based upon the current relationship of the fifth step salary for the classes.
If an employee has achieved permanent status in a class which has been abolished,
seniority credit will be applied to an equal or the nearest lower level class, if any, in
which the employee has achieved permanent status based on the salary relationship in
existence at the time the class was abolished.
Probationary and provisional service in a class will not be credited for seniority in the
class unless permanent status is achieved in the class without a break in service. If
permanent status is not achieved, probationary and provisional service and "work in a
higher class" shall be counted for seniority credit in the next lower class in which the
employee has achieved permanent status in continuous service.
Employees who have been promoted from a lower class to a higher class through a
reclassification action since July 1, 1977, shall have one-half of their seniority credits in
the lower class applied to the higher class upon completion of probation in the higher
class.

26.8 OPPORTUNITY FOR EMPLOYEE REVIEW
To the extent possible under Civil Service Rules, employees should not lose their
seniority credit under this article because classes have been revised, established,
abolished or retitled.
All employees shall be provided an opportunity, through their employing department, to
review the record of service for which they have been given seniority credit. Such
records of service shall be made available to the employee upon request, but no more
than once per year. Employees shall be provided an opportunity to submit information
supporting a differing conclusion. Determination of credit for prior service for revised,
established, abolished or retitled classes may be appealed to the Personnel Director.
The findings of the Personnel Director shall be final and not subject to further review.

26.9 RETENTION OF REEMPLOYMENT LIST STATUS
Laid off employees having permanent status at the time of layoff, or permanent
employees who displaced to a lower class on the basis of prior permanent status in the
lower class, or permanent employees who have had the authorized hours of their
positions involuntarily reduced, shall be certified to openings from reemployment lists
established for each class in which they have reemployment rights.
Such employees shall be placed on the Departmental Reemployment List in order of
seniority, and such employees shall also be placed on a County-wide Reemployment
List as a bloc in no particular order.

   A. Departmental Reemployment Lists.

       If an opening occurs in the department from which employees were laid off, those
       on the reemployment list will be certified to positions in the class from which they
       were separated on a one-to-one basis in order of seniority. A Departmental
       Overfill List is the only list that shall have precedence over a Departmental
       Reemployment List. (Civil Service Rules, Section IV)
       A department may request selective certification of bilingually qualified
       employees from a Departmental Reemployment List for a vacant position that is
       designated as bilingual pursuant to Article 21. If there is no departmental
       reemployment list, the order of certification shall be: (1) County-wide Overfill List;
       (2) County-wide Reemployment List; and (3) other employment lists as specified
       in Civil Service Rule VI B 2.

   B. County-wide Reemployment Lists.

       If an opening occurs in a class in departments other than the one in which the
       layoff took place, the Personnel Director shall certify the County-wide Overfill
       Lists for that class to the other department(s). If there is no County-wide Overfill
       List for the class, the next list to be certified shall be the County-wide
       Reemployment List. Names on such a County-wide Reemployment List shall be
       certified together as a bloc in no particular order.
       A department may request selective certification of bilingually qualified
       employees from a County-wide Overfill List for a vacant position that is
       designated as bilingual pursuant to Article 21. If there is no County-wide Overfill
       List, the order of certification shall be: (1) County-wide Reemployment List; and
       (2) other employment lists as specified in Civil Service Rule VI B 2.

   C. Retention of Reemployment List Status.

       A laid off employee shall remain on the Reemployment Lists for the class until
       either of the following occurs:
   (1) He/she refuses one offer of an interview or one offer of reemployment in the class
       from which he/she was laid off or displaced;
            OR
   (2) 24 months have elapsed from the date of layoff or displacement.
       A laid off employee's name may also be removed from reemployment lists on
       evidence that the person cannot be located by postal authorities.
       The name of a person on a reemployment list who fails to reply within ten (10)
       working days to a written certification notice shall be removed from the
       reemployment lists for the class. Such persons name may be restored to the list
       upon written request by the person.

26.10 PREFERENTIAL CONSIDERATION
The Personnel Department will, within the latitude of the Civil Service Rules, attempt to
assist probationary and permanent employees subject to layoff as a result of the
application of these provisions. To avail themselves of this assistance, such employee
shall submit complete, up-to-date employment applications upon request of the
Personnel Department. Assistance to be provided to such employees by the Personnel
Department will entail:

   A. Referral of laid off probationary employees on a "re-entry" list for consideration of
      appointments to the class from which laid off, along with persons on other eligible
      lists.
   B. Referral of reemployment lists as alternate lists to vacancies in other classes for
      which there are no employment lists, in accordance with Civil Service Rules.
   C. Referral of "re-entry" lists as alternative lists to vacancies in other classes for
      which there are no employment lists in accordance with Civil Service Rules.
   D. Job search training for groups of affected employees, within staffing and on-
      going workload limitations.
   E. Counseling with respect to placement in other County jobs, within staffing and
      on-going workload limitations.

Employees whose names remain on a reemployment list may compete in promotional
examinations pursuant to Civil Service Rule VIII.

26.11 EMPLOYEES APPOINTED TO LIMITED-TERM POSITIONS
Notwithstanding any other provisions of this Article (Article 26), an employee appointed
to positions designated as limited term by the Board of Supervisors shall be laid off at
the expiration of that limited-term position without regard to other provisions of the
Article.

26.12 OTHER MEANS OF ATTAINING PERMANENT STATUS FOR PURPOSES OF
SENIORITY
For purposes of layoff only, an employee with hours of service equivalent to at least six
months continuous probationary service in a class may be considered to have attained
permanent status in that class provided all the criteria specified below are met.

   A. The employee has completed hours of service equivalent to at least six months
      continuous probationary service in a higher class in the same class series.
   B. The appointment to the higher class in the class series, as described in A, above,
      immediately followed the probationary service in the lower class.
   C. Each performance evaluation pursuant to Civil Service Rule X (A) received in
      both classes had an overall rating of satisfactory or better.
   D. The employee submits a written request to his/her appointing authority which
      specified the class in which he/she wishes to have permanent status for
      purposes of layoff applied, and the appointing authority concurs with C, above.
   E. The Personnel Director verifies that sufficient hours of service were attained in
      probationary status, service in the two classes was continuous and uninterrupted,
      and that the two classes are in the same class series.


ARTICLE 27    OTHER PROVISIONS

   A. Existing and newly appointed employees in the representation unit will have their
      paychecks automatically deposited in a participating financial institution. New
      employees have two pay periods from the date of appointment to complete a
      payroll authorization form for a participating financial institution. Pay roll
      authorization forms are available from the employee's departmental payroll clerk.
   B. The County agrees to provide hepatitis inoculations on a voluntary basis to
      employees in this representation unit.


ARTICLE 28    RE-OPENERS

   A. Should Federal legislation be enacted which requires that members of this unit
      be covered by Social Security and/or Medicare, the parties agree to reopen this
      agreement to consider the impact on the County of such mandatory benefits.
   B. Should Federal legislation be implemented during the course of this agreement
      which affects the Operating Engineer's Health and Welfare Plan, the parties
      agree to reopen this agreement to consider the impact on this unit's Health and
      Welfare Plan.


ARTICLE 29 UNPAID DAYS OFF
The County agrees that there will be no temporary layoffs for this representation unit
through August 12, 1998, and that the County will meet and confer on the impact of any
subsequent temporary layoff, notwithstanding the duration of this agreement or any
other provision of law related to the duration of this agreement.


ARTICLE 30 SEVERABILITY
In the event that any provision of this Memorandum of Understanding be declared by a
court of competent jurisdiction to be illegal or unenforceable, that provision of the
Memorandum of Understanding shall be null and void, but such nullification shall not
affect any other provisions of this Memorandum of Understanding, all of which other
provisions shall remain in full force and effect.
OPERATING ENGINEERS LOCAL 3      COUNTY NEGOTIATING TEAM:
NEGOTIATING TEAM:



______________________________   _____________________________
Fred Klingel                     Dania Torres Wong
Chief Negotiator                 Chief Negotiator



______________________________   _____________________________
Mike MacDonald                   Terri Cobbs



______________________________   _____________________________
Patrick Dimick                   Ajita Patel



                                 _____________________________
                                 Don Bradley

								
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